The chapter analyses the legal risks and challenges associated with the increasing digitization of spatial planning tools in Europe. It uses the Italian and Spanish legal systems as examples and references, observing similar trends. Starting from the growing use of spatial data and automation in decision-making processes, driven by recent legislative trends in Europe, the article explores the potential impacts of these technological innovations on administrative activities. In particular, automation in the collection and management of territorial data raises questions about the historically granted discretion in urban planning decisions, the autonomy of administrations, and the role of private parties in planning. The article highlights risks related to transparency and the justification of decisions, complications in judicial review of administrative choices, and the potential reduction of autonomy for small local authorities. It emphasizes the need for “transformative” legislative action to guide these technological developments and ensure that they do not lead to further legal complexities, but rather provide opportunities to improve territorial management.
Digitisation of the information in the new spatial planning of the European Union
Davide Tumminelli
2025
Abstract
The chapter analyses the legal risks and challenges associated with the increasing digitization of spatial planning tools in Europe. It uses the Italian and Spanish legal systems as examples and references, observing similar trends. Starting from the growing use of spatial data and automation in decision-making processes, driven by recent legislative trends in Europe, the article explores the potential impacts of these technological innovations on administrative activities. In particular, automation in the collection and management of territorial data raises questions about the historically granted discretion in urban planning decisions, the autonomy of administrations, and the role of private parties in planning. The article highlights risks related to transparency and the justification of decisions, complications in judicial review of administrative choices, and the potential reduction of autonomy for small local authorities. It emphasizes the need for “transformative” legislative action to guide these technological developments and ensure that they do not lead to further legal complexities, but rather provide opportunities to improve territorial management.I documenti in SFERA sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
